Preface
Preface
Preface
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82<br />
2- That the exclusion of Assan Sarr a Biological son of the lat Pa Modou<br />
Sarr is wrong in law specifically judging from the reason given for the<br />
said exclusion which were only speculation and not base on any factual<br />
evidence.<br />
3- That the distribution made by the Cadi among the inheritors was wrong<br />
in law and against the rules of natural justice.<br />
He sought the following from the appeal panel:<br />
1- That the Cadis decision made on the 10 th day august, 2010 be set aside<br />
and the order to exclude Assan Sarr be set aside.<br />
2- That an order be made to include Assan Sarr in respect of the distribution<br />
of the properties of the late Pa Modou Sarr looking into consideration in<br />
the monitory aspect Assan Sarr was not denied his share.<br />
3- Any further order that the honorable Court deems fit.<br />
In the sitting dated 9th / 12/ 2010 before Cadi Appeal Panel, Mr. Ebrima<br />
Sarr appeared before the Court with a letter of power of attorney dated 10 th /11/<br />
2010 to represent Assan Sarr before the panel in the presence of his lawyer Mr.<br />
Edrisa M. Sisoh.<br />
The respondent on the other hand appeared before the Court with her<br />
counsel Mr. Borry Touray while the others were absent. In that sitting the lawyer<br />
Sisoho opened his defense before the Court and submitted as follows:<br />
That I have received the record of the lower Court but that record does not<br />
contain our complaint, as it was cleared that the lower Court has distributed that<br />
cash money to all beneficiaries including my client he in fact received his right<br />
share in full. But in the estate there are three compounds but the said compounds